A claims management company (CMC) has failed to overturn a £50,000 fine imposed by the Claims Management Regulator (CMR) last summer for breaching the rules relating to third-party referrals, misleading information and keeping proper records.
UKMS Money Solutions, based in Birmingham, argued that it had already been punished by the Information Commissioner’s Office (ICO), after it was fined £80,000 in 2015 for sending over 1.3m spam texts in only three months.
Rejecting the CMC’s challenge to the fine, Judge Peter Lane, sitting in the First-tier Tribunal, said the “only way” in which the penalty imposed by the ICO could be relevant to the levels of penalty set by the CMR was if it threatened the company’s continued existence......
Judge Lane said: “The appellant, we find, undertook nothing that could remotely be described as due diligence. The appellant took no proper action to investigate what was being done on its behalf by the various data suppliers, on whom it relied.
https://www.legalfutures.co.uk/lates...ors-50000-fine
UKMS Money Solutions, based in Birmingham, argued that it had already been punished by the Information Commissioner’s Office (ICO), after it was fined £80,000 in 2015 for sending over 1.3m spam texts in only three months.
Rejecting the CMC’s challenge to the fine, Judge Peter Lane, sitting in the First-tier Tribunal, said the “only way” in which the penalty imposed by the ICO could be relevant to the levels of penalty set by the CMR was if it threatened the company’s continued existence......
Judge Lane said: “The appellant, we find, undertook nothing that could remotely be described as due diligence. The appellant took no proper action to investigate what was being done on its behalf by the various data suppliers, on whom it relied.
https://www.legalfutures.co.uk/lates...ors-50000-fine
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